RULE 110-113 Notes - Criminal Actions PDF

**RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 1. Institution of criminal actions** Criminal actions shall be instituted as follows: a. *For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for th...

**RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 1. Institution of criminal actions** Criminal actions shall be instituted as follows: a. *For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.* b. *For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.* The institution of criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws. (1a) **CRIMINAL ACTION** [Criminal action] is one by which **the state** **prosecutes a person** for an act or omission punishable by law. **\|** *One by which the State prosecutes a person for an act or omission punishable by law.* **\|** blue notes **CRIMINAL PROCEEDING** [Criminal proceeding] is defined as \"a proceeding instituted **to determine a person\'s guilt or innocence** or to set a convicted person\'s punishment **CRIMINAL ACTION WHEN INSTITUTED** Criminal actions shall be instituted by FILING: 1. The complaint for offenses where a preliminary investigation is required. 2. The complaint or information for all other offenses. **COMPLAINT OR INFORMATION\ (WHERE TO FILE)** a. **For offenses where a preliminary investigation is required** The complaint is filed with [the proper officer] to conduct a preliminary investigation. *( \"proper officer\" is typically the Office of the Prosecutor in the area where the crime was committed )* - These are offenses where the penalty prescribed by law is **at least four (4) years, two (2) months, and one (1) day**, without considering the fine. \| **xpln** b. **Other Offenses** The COMPLAINT shall be filed with the proper officer for the purpose of conducting the requisite preliminary investigation. The complaint or information is [filed directly] with the MTC, MCTC, or Office of the Prosecutor. \| **xpln** - These are minor offenses where the penalty does not exceed **four (4) years, two (2) months, and one (1) day** or where no preliminary investigation is required by law. *( Cases like slight physical injuries, malicious mischief, and violations of local ordinances are filed directly in the MTC or MCTC )* c. **In Manila and Other Chartered Cities** The [complaint must be filed with the Office of the Prosecutor] unless specific provisions in their charters state otherwise. **xpln \|** Defines and limits the powers, duties and responsibility of local government based on local preferences and desires **\|** google - Manila and other chartered cities, like Cebu or Davao, have unique provisions based on their city charters. **XPN --** If the city charter provides specific guidelines, those must be followed. For example, some charters may allow direct filing with the court for minor offenses. **CONSIDERATIONS IN FILING COMPLAINTS** **[WHO CAN FILE?]** **Offended Party** -- The person directly affected by the offense. **Peace Officer** -- A law enforcement officer, particularly in cases where an immediate arrest was made. **Legal Representatives** -- Guardians or parents may file complaints for minors or incapacitated persons. **[CONTENT OF THE COMPLAINT]** The complaint must state the **essential facts** of the offense and be supported by witnesses\' affidavits or other evidence. **[IN INQUEST PROCEEDINGS]** If a person is arrested without a warrant, the **peace officer** files the complaint immediately for inquest proceedings. This is typically done at the **Office of the Prosecutor**. **[PRIVATE CRIMES]** Certain crimes, such as adultery, concubinage, or acts of lasciviousness, require the complaint to be filed **personally** by the offended party. **WHY THE FILING LOCATION MATTERS** The proper filing of a complaint determines whether the case progresses effectively. Filing in the wrong venue or with the wrong authority can delay proceedings or even result in dismissal. The **prescriptive period** (time limit for prosecuting the offense) is interrupted only when the complaint is properly filed with the appropriate office or court. **[PRELIMINARY INVESTIGATION]** **\|** *It is an inquiry or a proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial* **\|** Preliminary investigation is an **inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed** and the respondent is probably guilty thereof and should be held for trial.\'® This process is **also referred to as the executive determination of probable cause**. Being based merely on a reasonable belief, it does not import absolute certainty. Probable cause, as determined by the executive branch, need not be based on clear and convincing evidence of guilt, as the investigating officer only acts upon reasonable belief. More importantly, it does not require an inquiry into whether there is sufficient evidence to secure a conviction. It is enough that it is reasonably believed that the act or omission complained of constitutes the offense charged, and the person is probably guilty of the offense and should be held for trial **\| book** **TAKE NOTE**:. The prosecutor's resolution does not constitute as a - valid and final judgment because his duty, should he find probable cause to prosecute the respondent, is to file the appropriate information before the proper court. **PRELIMINARY INVESTIGATION\ (WHEN REQUIRED)** A preliminary investigation is needed **[before] filing a complaint or information** if the crime's penalty is **at least 4 years, 2 months, and 1 day in prison** (regardless of any fine). This allows the prosecutor to determine if there is enough evidence to formally charge someone in court. **\|xpln** **XPN** a. **When a person is lawfully arrested without a warrant** The complaint or information may be filed by a prosecutor without need of such investigation PROVIDED an inquest has been conducted in accordance with existing rules. **\|xpln** For serious crimes requiring a PI, the prosecutor can file the complaint or information directly, provided that: - An **inquest proceeding** has been done. This is a quick review of the arrest and evidence by a prosecutor. b. **If no inquest prosecutor is available** The complaint can be filed directly in court by: - The offended party (victim), or - A peace officer, based on affidavits (sworn statements) of the victim or arresting officer Directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. **Before he complaint or information is filed,** , the arrested person can ask for a **preliminary investigation**, but only if they [**sign a waiver** of their right under **Article 125 of the Revised Penal Code**] (the rule that limits how long someone can be detained without being charged). - **Even after waiving their right**, the arrested person can still apply for **bail**. - **If the preliminary investigation happens**, it must be finished within **15 days** from when it starts. **After the complaint or information is already filed in court** (without a preliminary investigation) - The accused has **5 days** (from when they learn that the case has been filed) to request a preliminary investigation. - They will have the right to present evidence in their defense, just like in a normal preliminary investigation. **EFFECTS OF THE INSTITUTION OF THE CRIMINAL ACTION** 1. **INTERRUPTION OF PRESCRIPTION UPON FILING** **Rule** -- The filing of a criminal action interrupts the running of the prescriptive period of an offense. This rule applies to: - Crimes punishable under the **Revised Penal Code (RPC)**. - Offenses punishable under **special laws** (e.g., Republic Acts, Presidential Decrees). *( This means that once a criminal complaint or information is validly filed, the countdown of the prescription period pauses )* NOTE: The **prescription period** is the time limit within which a person can be charged with a crime. Once this time runs out, the person can no longer be prosecuted for that crime. The length of the period depends on the seriousness of the offense (e.g., 20 years for serious crimes, 1 year for minor offenses, etc.). \| **xpln** 2. **NO DISTINCTION BETWEEN THE RPC AND SPECIAL LAWS** Filing criminal complaints or information interrupts the prescription period in both **RPC offenses** and violations of **special laws**. The period of prescription is interrupted by the filing of the complaint before the fiscal office for purposes of preliminary investigation against the accused. \|**book** 3. **VIOLATIONS OF ORDINANCES** It must be emphasized that where the crime charged involved is in violation of an ordinance, only the filing of an Information tolls the prescriptive period as provided in the Revised Rules on Summary Procedure. \|**book** **Ordinances** are local laws passed by municipalities or cities. **Rule** -- For violations of an ordinance, **only the filing of the Information in court** interrupts (or pauses) the prescription period. - Filing a complaint with the prosecutor's office for preliminary investigation **does not interrupt the prescription period** for ordinances. ( *because it was provided in RPC* ) 4. **UNAUTHORIZED COMPLAINTS OR INFORMATION** If the complaint or information is filed by someone **not authorized by law**, **[no proceedings exist.]** **Example**: If someone other than the offended party or a prosecutor files the complaint, it will not interrupt the prescriptive period because it is not validly filed. - Only proceedings initiated by the **correct party** (e.g., the offended party or appropriate body or office (the authorized prosecutor)) can legally interrupt the prescription period. 5. **SPECIAL LAWS AND THE REVISED RULES ON SUMMARY PROCEDURE** For special laws within the scope of the Revised **Rules on Summary Procedure**, the principle laid down in *Zaldivia and Jadewell* [is controlling,] i.e., violations of municipal or city ordinance, and BP 22 As to **other special laws not covered by the Revised Rules on Summary Procedure, such as a violation of RA 3019,** the rule is that the [prescriptive period is interrupted by the institution of proceedings for preliminary investigation]. **XPLN** **Special Laws Covered by the Summary Procedure** For violations of municipal or city ordinances and **Batas Pambansa Blg. 22 (BP 22)** (like bouncing checks), the rule from the **Zaldivia and Jadewell cases** applies. - The prescriptive period (the time limit for filing a case) **is not interrupted** just by starting a preliminary investigation. **Special Laws Not Covered by the Summary Procedure** For other special laws like **Republic Act 3019 (Anti-Graft and Corrupt Practices Act)**, a different rule applies. - The prescriptive period **is interrupted** when proceedings for a preliminary investigation begin. **PRESCRIPTION** The extinction of a title or right by failure to claim or exercise it over a long period. --- Also termed negative prescription, extinctive prescription. **\|book** **XPLN** The extinction of criminal liability when a case or complaint is not filed within a legally specified period *( Is like a **limitation**. It sets a **time limit** for a person to enforce their rights or file claims. If the person fails to act within that time, they lose the legal ability to pursue the matter )* **\|** *losing a legal right or claim because you did not assert or exercise it within a specific period set by law* **\|** **PERIOD OF PRESCRIPTION OF CRIME**S ***Prescription of crimes punished under the Revised Penal Code\'**!* 1. *Death, reclusion Perpetua or reclusion temporal ---20 years* 2. *Other afflictive penalties (prision mayor) --- 15 years* 3. *Correction penalty (prision correccional or arresto mayor, destierro) --- 10 years* 4. *Crime of libel or other similar crimes --- 1 year* 5. *Crime of oral defamation and slander by deed - 6 months* 6. *Light offenses (arresto menor) --- 2 months* ***Prescription of offenses for violation of Special Penal Laws*** 1. *Fine or by imprisonment for not more than one month or both --- 1 year* 2. *Imprisonment for more than a month but less than two years --- 4 years* 3. *Imprisonment for two years or more, but less than six years --- 8 years (%)* 4. *Imprisonment for six years or more --- 12 years* 5. *. Municipal ordinances --- 2 months* **COMPUTATION OF PRESCRIPTION PERIODS** a. **Start of the Prescription Period** - **On the day the crime is discovered** by the offended party, authorities, or their agents. b. **Interruption of Prescription** - Filing a complaint or information interrupts the prescription period. - The prescription resumes if the case is dismissed, or proceedings are unjustifiably stopped for reasons not attributable to the accused. - If the accused is outside the Philippines, the prescriptive period is suspended. *( ex. The clock stopped at 2 years (when the complaint was filed in 2024) If the case is dismissed on January 1, 2025, the clock resumes from where it left off --- meaning 3 years are still left on the 5-year prescription period. So, if no new complaint is filed, the victim has until January 1, 2028, to refile the case )* **EFFECT OF FILING A COMPLAINT WITH THE BARANGAY** Under the **Katarungang Pambarangay Law**, when a complaint is filed with the barangay, the prescription is **interrupted** while the case is [under mediation, conciliation, or arbitration]. However, this interruption lasts only for a maximum of 60 days. The period resumes once the complainant receives: - A **Certificate of Repudiation** or - A **Certificate to File Action.** **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 2. *The complaint or information****. -- The complaint or information shall be in writing, in the name of the people of the Philippines and against all persons who appear to be responsible for the offense involved (2a)* **[\ CONTENTS OF TTHE COMPLAINT OR INFORMATION]** It must be: i. **IN WRITING** ii. **FILED IN THE NAME OF THE PEOPLE OF THE PHILIPPINES** iii. **DIRECTED AGAINST THOSE RESPONSIBLE FOR THE CRIME** (all persons who appear to be responsible for the offense involved) A criminal action, where the State prosecutes a person for an act or omission punishable by law, is thus pursued to maintain social order. It punishes the offender in order to deter him and others from committing the same or similar offense, isolates him from society, reforms and rehabilitates him. One who commits a crime commits an offense against all the citizens of the state penalizing a given act or omission: criminal offense is an outrage to the very sovereignty of the State. TAKE NOTE: 1. A criminal action is prosecuted in the name of the \"People as plaintiff. Likewise, a representative of the State, the public prosecutor, \"directs and controls the prosecution of an offense.\" As such, a public prosecutor is the representative not of an ordinary party to controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape, or innocence suffer. 2. The capacity to prosecute and punish crimes is an attribute of the State\'s police power. It inheres in \"the sovereign power instinctively charged by the common will of the members of society to look after, guard and defend the interests of the community, the individual and social rights and the liberties of every citizen and the guaranty of the exercise of his rights.\" **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 3. *Complaint defined****. --- A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. (3)* **COMPLAINT** 1. A **sworn written statement**. 2. charging a person with an offense,. 3. It must be signed (subscribed) by: - The victim (offended party). - A police officer. - Another official responsible for enforcing the law. 4. It can be filed with either: - The court. - The prosecutor's office. **INTERPRATATION OF COMPLAINT** Complaint should be given a liberal or loose interpretation meaning a charge, allegation, grievance, accusation or denunciation. **WHAT IS AN OFFENDED PARTY** An offended party is any person against whom or against whose property, the offense was committed.\" **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 4***. **Information defined**. --- An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (4a)* **INFORMATION DEFINED** - accusation in writing - charging a person with an offense - subscribed by the prosecutor - filed with the court. Remedies of the Offended Party if the Prosecutor Refuses to File Information: 1. File an appeal with the Secretary of Justice, who in the exercise of his/her supervisory powers as department head, my reverse the opinion of the investigator and designate a special prosecutor to review and handle the case. 2. Institute administrative charges against the erring prosecutor. 3. File criminal charges under Art. 208 of the Revised Penal Code. 4. File civil action for damages under Art. 27 of Civil Code. 5. File an action for mandamus to compel the prosecutor to file such information only if there is grave abuse of discretion. But the general rule is that a prosecutor cannot be compelled to file Information by mandamus. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 5.** **Who must prosecute criminal actions. ---** *All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor, or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of G court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (A.M. No 02-2-07-SC)* ***T**he crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes. incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.* *The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.* *No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party. (5a)* **WHO MUST PROSECUTE CRIMINAL ACTION** **GENERAL RULE --** PROSECUTION BY PUBLIC PROSECUTORS All criminal actions --- whether they are initiated by a complaint or an information---must be prosecuted under the direction and control of a public prosecutor. **Complaint** is filed directly by an offended party or a law enforcement officer with sufficient authority. **Information** is filed by the public prosecutor based on a preliminary investigation. - Public prosecutors, also known as fiscal officers, represent the government in ensuring justice is served. - Their role ensures that cases are prosecuted without bias and in the interest of the state, aligning with the public interest. **XPN -- PROSECUTION BY A PRIVATE PROSECUTOR** In case of heavy work schedule of the public prosecutor, or in the event of lack of public prosecutors, the private Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, UNLESS the authority is revoked or otherwise withdrawn. **XPLN** 1. **Heavy work schedule of the public prosecutor** -- When the public prosecutor is handling a large number of cases and cannot dedicate time to certain prosecutions 2. **In the event of lack of public prosecutors** -- In areas where there is a shortage of prosecutors (e.g., remote regions or during large-scale legal events). If public prosecutors are overburdened or there are too few available prosecutors, a **private prosecutor** may step in. This private prosecutor must be **authorized in writing** by: 1. The **Chief of the Prosecution Office**, or 2. The **Regional State Prosecutor**, 3. **With the approval of the court.** Once authorized, the private prosecutor **can prosecute the case to its conclusion**, even if a public prosecutor is not present. - However, this authority is **not absolute**. It may be **revoked or withdrawn** by the appropriate authorities or the court. **[CRIMES THAT CAN NOT BE PROSECUTED DE OFFICIO]** 1. **Adultery (Art. 333, Revised Penal Code)** 2. **Concubinage (Art. 334, RPC)** 3. **Seduction (Arts. 337 and 338, RPC)** 4. **Abduction (Arts. 342 and 343, RPC)** 5. **Acts of Lasciviousness (Art. 336, RPC)** 6. **Defamation involving imputations of these offenses.** **[PROSECUTION OF PRIVATE CRIMES]** **WHO MAY PROSECUTE** 1. **ADULTERY AND CONCUBINAGE** The crimes of adultery and concubinage shall be prosecuted: 1. upon filing of the complaint 2. by the offended spouse 3. including both guilty parties. i. Only the offended spouse should have the status, capacity, and legal representation at the time of filing the complaint regardless of age ii. Both guilty parties must be included in the complaint. 4. **PARDON BY OFFENDED PARTIES IN THESE CASES** In an old case, the Supreme Court ruled that the offended spouse must not consent nor pardon the offenders. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. As the term \"pardon\" unquestionably refers to the offense after its commission, \"consent\" must have been intended, agreeably with its ordinary usage, to refer to the offense prior to its commission. No logical difference can indeed be perceived between prior and subsequent consent, for in both instances as the offended party has chosen to compromise with his/her dishonor; he/she becomes unworthy to come to court and invoke its aid in the vindication of the wrong. **\| book** The offended party did not consent to the offense nor pardoned the offenders (Sec. 5 Rule 110) **EFFECT OF CONDONATION** CONDONATION is the conditional forgiveness or remission, by a husband or wife of a matrimonial offense which the latter has committed. This consent or acquiescence need not be expressed but may be inferred from the conduct or the long-continued inaction of the husband after learning of the offense. His consent to the offense before it was committed was void but his tolerance of and acquiescence in the offense after it was committed demonstrates that it is a hypocritical pretense for him now to appear in court as the \"offended party\" and bar his right to prosecute his wife.\' Examples of condonation: 1. Cohabitation with the guilty party, after the commission of the offense, and with the knowledge or belief on the part of the injured party of its commission, will amount to conclusive evidence of condonation 2. Single voluntary act of marital intercourse between the parties ordinarily is sufficient to constitute condonation, and where the parties live in the same house, it is presumed that they live on terms of matrimonial cohabitation. **XPLN** It is a form of forgiveness or acquiescence by the offended spouse for the offense committed, either expressly or impliedly. Ex. - Continued cohabitation or reconciliation after learning of the offense. - A single act of marital intercourse post-offense. **Legal Effect of Condonation** It extinguishes the right to prosecute because it reflects acceptance of the wrong, thereby forfeiting the moral grounds to invoke the court\'s help. **Difference Between Consent and Pardon** **Consent**: Given before the offense was committed, barring prosecution. **Pardon**: Granted after the offense, extinguishing criminal liability. 2. **SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS** Prosecuted exclusively and successively by the following persons in this order: a. By the offended party. b. By the parents, grandparents or legal/ judicial guardians in that successive order, if the offended party is a minor or of age but suffers from physical or mental disability. c. By the State pursuant to the doctrine of parens patriae, when the offended party dies or becomes incapacitated before she could file the complaint, and she has no known parents, grandparents or guardians (Sec. 5 Rule 110). **EXPRESS PARDON GIVEN BY OFFENDED PARTY** The pardon must be granted before the criminal case has been instituted. As a matter of policy and public interest in order to allow prosecution of such cases even without the complaint of the offended party, and to prevent extinguishment of criminal liability in such cases through express pardon by the offended party. 1. The express pardon of a person guilty of attempted abduction of a minor, granted by the latter\'s parents,\' is not sufficient to remove criminal responsibility, but must be accompanied by the express pardon of the offended party herself 2..**Adultery and Concubinage** Only the offended spouse who is not otherwise incapacitated can validly extend the pardon or consent contemplated therein. 3. **Seduction, abduction, and acts of lasciviousness** a. The offended minor, if with sufficient discretion can validly pardon the accused by herself if she has no parents or where the accused is her own father and her mother is dead b. The parents, grandparents or guardian of the offended minor, in that order, cannot extend a valid pardon in said crimes without the conformity of the offended party, even if the latter is a minor c. If the offended woman is of age and not otherwise incapacitated, only she can extend a valid pardon. **GENERAL RULE** -- The pardon refers to pardon BEFORE filing of the criminal complaint in court. Pardon effected after the filing of the complaint in court does not prohibit the continuance of the prosecution of the offense (People v Dela Cerna, G.R. No. 136899-904, 2002) **XPN --** In rape, marriage between the offender and the offended party would be effective as pardon even when the offender has already commenced serving his sentence. **WHO HAS THE RIGHT TO INITIATE THE PROSECUTION OF PRIVATE CRIMES** 5. The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. 6. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided. 7. If the offended party is of legal age and does not suffer from physical or mental disability, she alone can file the complaint to the exclusion of all. **TAKE NOTE**: A complaint for the prosecution of the crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness under Art. 344 of the RPC only starts the prosecution of the crime and does not confer jurisdiction on the court to try the case. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 6. *Sufficiency of complaint or information****. --- A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.* *When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)* **WHEN IS A COMPLAINT OR INFORMATION SUFFICIENT** A **complaint or information** is the formal document used to charge a person with a crime. For it to be considered **valid and sufficient**, it must contain the following key details: 1. **Name of the Accused** -- The person being charged must be properly identified, so they know they are the one being accused. 2. **Designation of the Offense** -- The crime must be clearly identified according to the name or title of the crime in the law (like theft, robbery, or estafa). 3. **Acts or Omissions Constituting the Offense** -- It must describe what the accused did (or failed to do) that constitutes the crime. This helps the accused understand the nature of the charge. 4. **Name of the Offended Party** -- The person or entity who was harmed, injured, or affected by the crime must be identified. - If the crime was committed by **more than one person**, all of them should be included in the complaint or information*.* 5. **Date of the Commission of the Offense** -- The approximate date when the crime happened must be mentioned, as it affects the right to defense (like alibi). 6. **Place where the Offense was Committed** -- The location where the crime happened must be stated, as it determines where the case should be filed (jurisdiction). **BASIS OF THE SUFFICIENCY OF INFORMATION REQUIREMENT** 1. **CONSTITUTIONAL BASIS** The Philippine Constitution (Article III, Section 14, Paragraph 2) says that every person accused of a crime has the right to know exactly what crime they are being accused of. (*This ensures that the accused has a fair chance to defend themselves in court)* 2. **PURPOSE OF THE RIGHT TO BE INFORMED** The rule aims to protect the accused in **three important ways**: i. **Prepare a defense** -- The accused needs to understand the exact charge so they can prepare arguments, present evidence, and defend themselves properly. ii. **Avoid double jeopardy** -- If a person is already acquitted or convicted for a specific crime, they cannot be charged for the same crime again. The clear description of the crime in the information prevents repeated prosecution for the same offense. iii. **Guide the court** -- The court (judge) needs to know the specific facts being alleged to determine if those facts, if proven, would be enough to support a conviction. 3. **CLEAR AND SPECIFIC INFORMATION IS REQUIRE** The \"Information\" (the formal charge document) must clearly state **what crime was committed** and **the facts that support it**. 4. **PRINCIPLE** **No clear charge, no conviction** -- A person cannot be convicted of a crime unless the specific crime is clearly stated in the \"Information.\" If a person is convicted based on facts not mentioned in the \"Information,\" that conviction can be challenged. *( Example: If the charge says \"theft\" but the evidence shows \"robbery\" (which involves force or intimidation), the person cannot be convicted of robbery unless the Information clearly alleged it. )* **TEST IN THE SUFFICIENCY OF INFORMATION** The true test in ascertaining the validity and sufficiency of Information is whether the crime is described in intelligible terms with such particularity as to apprise the accused, with reasonable certainty of the offense charged. This mandate does not require verbatim reiteration of the law. The use of derivatives, synonyms, and allegations of basic facts constituting the crime will suffice. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 7. Name of the accused** person: *The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.* *If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. (7a)* **HOW TO STATE THE NAME OF THE ACCUSED** The complaint or information must: **GENERAL RULE** 1. State the name and surname of the accused or *(Example: \"Juan Dela Cruz\").* 2. Any appellation or nickname by which he has been or is known *(Example: \"Alias Boy Kuripot\" or \"Alias Juan\")* **NAME OF THE ACCUSED NOT KNOWN** 1. If his name **CANNOT** be ascertained, he must be described under a **FICTITIOUS NAME** [with a statement that his true name is unknown]. *( Ex. a made-up name like \"John Doe\" or \"Juan de la Cruz\" (a generic name for an unknown person )* **NOTE:** It must be clearly stated that the real name of the accused is unknown 2. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record. *( Ex. The name \"John Doe\" would be changed to \"Juan Dela Cruz\" once the police find out his true identity. )* **NOTE:** If later on, the real name of the accused is discovered, that real name must be inserted into the case records and the complaint or information. **SIDE NOTE** 1. **Amending the Name of the Accused in a Complaint or Information** **General Rule**: When filing a criminal case, the name of the accused must be stated in the complaint or information. However, if the wrong name is used (like a nickname, alias, or a mistake in spelling), the prosecution can later amend it to reflect the real name of the accused. - Changing the name does **not affect the nature of the crime charged**. It also does **not violate the rights of the accused** to defend themselves, as long as they still know they are the ones being charged. **LEGAL BASIS**: This is allowed under [**Section 7, Rule 110** of the Rules of Court,] which permits amendments of complaints or information as long as it does not introduce new and essential facts that change the case\'s theory or nature. 2. **Positive Identification of the Accused** **General Rule**: In criminal cases, what matters most is the **identity of the person who committed the crime**, not necessarily the exact name used in the complaint or information. - Even if the name in the complaint is incorrect, it does **not mean the wrong person is being charged**, as long as there is enough evidence (like witness testimony) identifying the person as the one who committed the crime. ***( Ex.** Suppose a witness identifies the accused as \"Juan\" during a crime, but the complaint names him \"Pedro.\" If witnesses still point to \"Juan\" as the criminal, the case can proceed since **identity is more important than the name**. )* **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 8. Designation of the offense.** --- *The complaint or information [shall state the designation of the offense given by the statute], aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (8a)* **HOW TO STATE THE DESIGNATION OF THE OFFENSE** The complaint or information shall state the designation of the offense: 1. **Given by the statute** *( Must **name the crime** as it is called under the law. For example, if the crime is \"Frustrated Homicide,\" you must clearly state **"Frustrated Homicide"** )* 2. **Aver the acts or omissions constituting the offense** *( Must clearly explain **what the accused did (or failed to do)** that constitutes the crime. This part includes the details of **how, when, and where** the crime was committed.* It should be written in plain, clear language. ) 3. **specify its qualifying and aggravating circumstances.** *( If the crime is made **more serious or \"qualified\"** because of certain factors (like treachery, cruelty, use of a deadly weapon, etc.), it must also mention these in the information. Aggravating circumstances increase the penalty for the crime, so it is important that these are listed. )* **NOTE: BUT** if there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. *( If the law does not give the crime a specific name (for example, if it is a crime created under a special law), you must instead **cite the section or provision of the law** that defines and punishes the crime. This way, even if the crime has no \"official name[,\" it is still clear what law was violated.]* ) **DESIGNATION OF THE OFFENSE CONTROLLING** 1. **\|** What is controlling is [not the title of the complaint, nor the designation of the offense charged, or the particular law or part thereof allegedly violate]d, these being mere conclusions of law made by the prosecutor, but the **DESCRIPTION OF THE CRIME CHARGED AND THE PARTICULAR FACTS THEREIN RECITED**. **The acts or omissions complained of must be alleged in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged and enable the court to pronounce proper judgment**. [No information for a crime will be sufficient if it does not accurately and clearly allege the elements of the crime charged. ] Every element of the offense must be stated in the information. What facts and circumstances are necessary to be included therein must be determined by reference to the definitions and essentials of the specified crimes. **\|** **LAYMAN --** When charging a person with a crime, **what matters most** is **not the title or name of the crime** (like \"Theft\" or \"Murder\") or the **specific law cited**. Instead, what really matters is the **description of the crime and the specific acts or facts** stated in the complaint or information. This means that **even if the prosecutor makes a mistake in naming the crime or citing the wrong law**, the accused can still be convicted **as long as the facts and elements of the crime are clearly stated**. 2. **\|** The rule is that **qualifying circumstances must be properly pleaded in the Information** in order not to violate the accused\'s constitutional right to be properly informed of nature and cause of the accusation against him. However, the same may be deemed waived upon failure of the accused to question the sufficiency of the Information at any time during the pendency of the case and allowing the prosecution to present evidence proving the qualifying circumstance. **\|** **LAYMAN --** The complaint or information must clearly state **every element of the crime**. This ensures that the accused understands the nature of the charge and can properly defend themselves If even one of these elements is missing from the description in the information, the complaint may be **insufficient** and could be challenged by the accused. If the prosecution wants to impose a **higher penalty** (for example, by charging **Murder instead of Homicide**), it must clearly **state the qualifying or aggravating circumstances** in the information. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 9. Cause of the accusation.** --- *The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. (9a)* **WHAT IS AN ACCUSATION** A formal charge of criminal wrongdoing. The accusation is usually presented to a court or magistrate having jurisdiction to inquire into the alleged crime. **CAUSE OF THE ACCUSATION** 1. In stating the designation of the offense, the cause of the accusation must be stated through the: i. acts or omissions complained of as constituting the offense ii. the qualifying and aggravating circumstances must be stated in: a. ordinary and concise language and not necessarily in the language used in the statute b. but in terms sufficient to enable a person of common understanding to know what offense is being charged c. as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. **XPLN** 1. **Acts or omissions** -- This means the specific actions **(what the person did)** or **failures to act (what the person failed to do)** that allegedly make up the crime. *Ex. If someone is accused of theft, the act would be \"taking another person's property without permission.\"* 2. **Qualifying and aggravating circumstances** --These are special factors that can make the crime more serious. *Ex. If a theft is committed at night or by a group of people, it might have **aggravating circumstances** that increase the punishment.* 3. **How it should be stated** -- The accusation should be written in clear, simple language. It does not need to use the exact technical words from the law. It should be written in a way that a regular person can understand what crime is being charged and what made it more serious (like aggravating circumstances). **TAKE NOTE:** Prosecutors should bear in mind that in performing --- their functions, the constitutionally enshrined right - of the accused to be informed of the cause of the accusation against him remains primordial. To this end, prosecutors are instructed to state with sufficient particularity not just the acts complained of or the acts constituting the offense but also the aggravating circumstances, whether qualifying or generic, as well as any other attendant circumstances, that would impact the penalty to be imposed on the accused should a verdict of conviction be reached. Moreover, prosecutors are enjoined to strictly implement the mandate of, and ensure compliance with Section 8 (a), Rule 112 of the Revised Rules on Criminal Procedure to attach to the Information they will be filing in court their resolutions finding probable cause against the accused. The Information need not use the exact language = of the statute in alleging the acts or omissions complained of as constituting the offense. The test is whether it enables a person of common understanding to know the charge against him, and the court to render judgment properly.\' A defect pertaining to the failure of an Information to charge facts constituting an offense is one that may be corrected by an amendment. In such instances, courts are mandated not to automatically quash the Information; rather, it should grant the prosecution the opportunity to cure the defect through an amendment.\' **XPLN** **Accused's Right to be Informed** -- Prosecutors must ensure that the accused fully understands the charges against them. This is a fundamental right protected by the Constitution. **Information** -- The document (called \"Information\") that prosecutors file in court must clearly and specifically state: a. The acts or behavior being complained about. b. The aggravating circumstances (factors that could increase the penalty if found guilty). c. Any other relevant details affecting the case or penalty. To ensure fairness by providing all necessary details to the accused. **Attachment of Probable Cause Resolution** -- Prosecutors must include a copy of their resolution finding probable cause when filing the Information in court. This is a strict requirement under Section 8(a), Rule 112 of the **Revised Rules on Criminal Procedure**. **Language in Information** The Information does not need to copy the exact wording of the law. It just needs to explain the accusation clearly enough for: - A regular person to understand the charge. - The court to issue a proper decision. **Defects in the Information** If there is an error in the Information (e.g., missing details about the offense), the prosecution is allowed to fix it through an amendment. - Courts should not immediately dismiss or throw out the case due to such errors. Instead, they should give the prosecution the chance to correct the mistake. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 10. Place of commission of the offense.** --- *The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of the essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense or is necessary for its identification. (10a)* **HOW TO STATE THE PLACE OF COMMISSION of THE OFFENSE** The complaint or information is sufficient if it can be understood from its allegations THAT THE OFFENSE WAS COMMITTED OR SOME OF ITS ESSENTIAL INGREDIENTS OCCURRED AT SOME PLACE WITHIN THE JURISDICTION OF THE COURT **EXCEPT**: when the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification. *Example: "That on or about the 14th day of January 2009, in the City of Lucena, Province of Quezon, Philippi and within the jurisdiction of this Honorable Court, the accused, armed with a deadly weapon, with intent to kill, did then and there willfully, unlawfully and feloniously attack and stab one Juan Dela Cruz, \'inflicting wounds on different parts of his body, thus performing acts all the of execution which would have produced the crime of Homicide, by which, nevertheless, by reason did not produce it of causes independent of the will of the accused, that is the timely medical attention rendered upon the person of the victim* The venue and jurisdiction over criminal cases are placed not only in the courts where the offense was committed, but also where any of its essential ingredients took place. In other words. the venue of action and of jurisdiction are deemed sufficiently alleged where the Information states that the offense was committed or some of its essential ingredients occurred at a place within the territorial jurisdiction of the court. **XPLN** In criminal cases in the Philippines, the **place where the crime happened** is important because it determines which court has the authority (or **jurisdiction**) to handle the case. The law requires that the **complaint or information** (the formal document charging someone with a crime) must state where the offense happened or where some of its important elements occurred. **General Rule:** - It is enough to say in the complaint that the crime, or any of its key parts, happened within the area covered by the court. - Example: \"That on or about January 14, 2009, in the City of Lucena, Province of Quezon\...\" is sufficient to establish the venue. **XPN --** If the exact place is a critical part of the crime (e.g., a theft happening specifically at a bank), the complaint must clearly identify that location. This is because the place is necessary to understand crime or its nature. This ensures that: 1. The case is filed in the correct court. 2. The accused knows the details of the charge, including where it allegedly happened, to prepare their defense. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 11. Date of commission of the offense.** *--- It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. (11a)* **HOW TO STATE THE DATE OF COMMISSION OF THE OFFENSE** 1. In stating the date of commission of the offense, it is not necessary to state in the complaint or information the precise date the offense was committed **XPN**: when it is a material ingredient of the offense. 2. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission. **TAKE NOTE:** It is not necessary to state in the complaint or information the precise date the offense was committed if it is not a material ingredient of the offense. Also, it expressly permits that the crime may be alleged to have been committed on a date as near as possible to the actual date of its commission,\" except when it is a material ingredient the offense. The phrase \"on or about in the information does not require the prosecution to prove any precise date. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 12. Name of the offended party**. --- *The complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be described under a fictitious name.* *(a) In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify the offense charged.* *(b) If the true name of the of the person against whom or against whose properly the offense was committed is thereafter disclosed or ascertained, the court must cause the true name to be inserted in the complaint or information and the record.* *(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. (12a)* HOW TO STATE THE NAME OF THE OFFENDED PARTY The complaint or information must state: 1. The name and surname of the person against whom or against whose property the offense was committed 2. Any appellation or nickname by which such person has been or is known. 3. He must be described under a fictitious name, if there is no better way of identifying him **NAME OF THE OFFENDED PARTY** 1. In offenses against property i. If the name of the offended party is unknown; the property must be described with such particularity as to properly identify the offense charged. ii. If the true name of the person against whom o against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. 1. If the offended party is a juridical person It is sufficient to state its name, or any name or designation by which it is known or by which it may be identified, without need of averring that it is a juridical person or that it is organized in accordance with law. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 13. Duplicity of the offense**. --- *A complaint or information must charge but one offense, except when the law prescribes a single punishment for various offenses. (13a)* **CHARGING AN OFFENSE** **GENERAL RULE:** A complaint or information must charge only one offense. **EXCEPT:** When the law prescribes a single punishment for various offenses. **BASIS OF PROHIBITION AGAINST DUPLICITY OF OFFENSE IN ONE INFORMATION** The prohibition of filing an information with multiple offenses is predicated in the PROTECTION OF THE CONSTITUTIONAL RIGHT OF THE ACCUSED TO BE PROPERLY INFORMED OF THE NATURE CAUSE OF THE ACCUSATION AGAINST HIM. Section 13. Rule 110 of the Rules of Court provides that an information must only charge one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses. **CRIMES THAT PRESCRIBE SINGLE PUNISHMENT FOR VARIOUS OFFENSE** 1. Complex Crime exists when a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other.\'" In a complex crime, two or more crimes are actually committed, however, in the eyes of the law and in the conscience of the offender they constitute only one crime, thus, only one penalty is imposed. There are two kinds of complex crime. The first is known as a compound crime, or when a single act constitutes two or more grave or less grave felonies while the other is known as a complex crime proper, or when an offense is a necessary means for committing the other. 2. Composite crimes also known as a special complex crime, is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific crime with a specific penalty provided by law and differs from a compound or complex crime under Article 48 of the Revised Penal Code.\' Article 48 of the Revised Penal Code provides that when a single act constitutes two or more grave or less Eray, felonies. or when an offense Is a necessary means g, committing the other, the penalty for the most serious crip, shall be imposed, the same to be applied in its maximum period Examples of Complex Crimes. Rape with Homicide, Estafa through Falsification of Public Documents, Kidnapping with Murder REMEDY IN CASE OF DUPLICITY OF OFFENSE 1. The remedy of the accused is to move to quash the information before entering his plea. If the accused fails to move to quash the duplicitous information, it would be considered as a waiver. Thus, the court could convict the accused on all the charges alleged in the information. Motion to Quash is the mode by which an accused assails the validity of a criminal complaint or Information filed against him for insufficiency on its face in point of law, or for defects which are apparent in the face of the Information. 2. When two or more offenses are charged in a single complaint or information but the accused fails object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense.\' **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 14. Amendment or substitution**. --- A complaint or information may be amended, *in form or in substance, without leave of court, at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and when it can be done without causing prejudice to the rights of the accused.* *However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and copies of its order shall be furnished all parties, especially the offended party. (n)* *If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. (14a)* WHAT IS AMENDMENT A formal and usually a minor revision or addition proposed or made to a statute, constitution, pleading, order, or other instrument; specifically, a change made by addition, deletion, or correction; esp., an alteration in wording. 1. **AMENDMENT OF INFORMATION** After the accused enters a plea, amendments to the Information may be allowed, as to MATTERS OF FORM, provided that no prejudice is caused to the rights of the accused. The test as to when the rights of an accused are prejudiced by the amendment of a Complaint or Information is when a defense under the Complaint or Information, as it originally stood, would no longer be available after the amendment is made, and when any evidence the accused might have, would be inapplicable to the Complaint or the Information as amended. On the other hand, an amendment which merely states with additional precision something which is already contained in the original information, and which, therefore, adds nothing essential for conviction for the crime charged is an amendment to form that can be made at any time.\'®\" Jurisprudence allows amendments to information so long as: iii. it does not deprive the accused of the right to invoke prescription. iv. it does not affect or alter the nature of the offense originally charged. v.. it does not involve a change in the basic theory of the prosecution so as to require the accused to undergo any material change or modification in his defense vi. it does not expose the accused to a charge which would call for a higher penalty; and it does not surprise nor deprive the accused of an opportunity to meet the new averment. 2. **FORMAL AMENDMENT vs. SUBSTANTIAL AMENDMENT** A formal amendment, which can be made at any time, does not alter the nature of the crime, affect the essence of the offense. surprise, or divest the accused of an opportunity to meet the new accusation. A formal amendment merely states with additional precision something which is already contained in the original Information, and which, therefore, adds nothing essential for conviction of the crime charged.\' The following are considered as mere formal amendments: i. new allegations which relate only to the range of the penalty that the court might impose in the event of conviction ii. an amendment which does not charge another offense different or distinct from that charged in the original one iii. additional allegations which do not alter the prosecution\'s theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume iv. an amendment which does not adversely affect any substantial right of the accused, such as his right to invoke prescription. On the other hand, a substantial amendment consists of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court, and all other matters are merely of form. The test of determining whether an amendment is substantial is the effect of the amendment on the defense and evidence. An amendment is deemed substantial if the accused\'s defense and evidence will no longer be applicable after the amendment is made. Thus, the test as to whether a defendant is prejudiced by the amendment is whether a defense under the information as it originally stood would be available are the amendment is made, and whether any evidence defendant might have would be equally applicable to the information i the one form as in the other. An amendment to an information which does not change the nature of the crime alleged therein does not affect the essence of the offense or cause surprise or deprive the accused of an opportunity to meet the new averment had each been held to be one of form and not of substance.\' 3. **AMENDMENT WITHOUT LEAVE OF COURT vs WITH LEAVE OF COURT** A complaint or information may be amended, in form or in substance, WITHOUT leave of court, at ANY TIME BEFORE THE ACCUSED ENTERS HIS PLEA. In the case of Castillo v. People,®® the Supreme Court explained that an amendment is only in form when it merely adds specifications to eliminate vagueness in the information and does not introduce new and material facts. However, after the plea and during the trial, a formal amendment may only be made WITH LEAVE OF COURT and when it can be done without causing prejudice to the rights of the accused. Amendment of an information after the accused has pleaded thereto is allowed, if the amended information merely states with additional precision something which is already contained in the original information and which, therefore, adds nothing essential for conviction for the crime charged. After the entry of a plea, only a formal amendment may be made but with leave of court and only if it does not prejudice the rights of the accused. After arraignment a substantial amendment is prescribed except if the same is beneficial to the accused. **WHAT IS SUBSTITUTION** 1. If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. 2. When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information.\' **AMENDMENT vs. SUBSTITUTION** 1. ls the first paragraph of Section 14, Rule 110 provides the rules for amendment of the information or complaint, while the second paragraph refers to the substitution of the information or complaint. It may accordingly be posited that both amendment and substitution of the information may be made before or after the defendant pleads, but they differ in the following respects: i. Amendment may involve either formal or substantial changes, while substitution necessarily involves a substantial change from the original charge ii. Amendment before plea has been entered can be effected without leave of court, but substitution of information must be with leave of court as the original information has to be dismissed. iii. Where the amendment is only as to form, there is no need for another preliminary investigation and the retaking of the plea of the accused: in substitution of information, another preliminary investigation is entailed, and the accused has to plead anew to the new information; and iv. An amended information refers to the same offense charged in the original information or to an offense which necessarily includes or is necessarily included in the origin charge, hence substantial amendments to the information after the plea has been taken cannot be made over the objection of the accused, for if the original information would be withdrawn, the accused could invoke double jeopardy. On the other hand, substitution requires or presupposes that the new information involves a different offense which does not include or is not necessarily included in the original charge, hence the accused cannot claim double jeopardy. 2. In determining, therefore, whether there should be an amendment under the first paragraph of ***Section 14, Rule 110***, or a substitution of information under the second paragraph thereof, the rule is that where the second information involves the same offense, or an offense which necessarily includes or is necessarily included in the first information, an amendment of the information is sufficient; otherwise, where the new information charges an offense which is distinct and different from that initially charged, a substitution is order. 3. Suffice it to stress that the provisions of substitution of information apply only when 1. There is a mistake in charging the proper offense 2. The accused cannot be convicted of the offense charged or any other offense necessarily included in the offense charged. **RULE 110 [\ PROSECUTION OF OFFENSES]** **Section 15. Place where action is to be instituted.** --- (*a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.* *(b) Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during such its trip, including the place of its departure and arrival.* *(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.* *(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. (15a)* **VENUE IN CRIMINAL CASES IS AN ESSENTIAL ELEMENT OF JURISDICTION** It is a fundamental rule that for jurisdiction to be acquired by courts in criminal cases the offense should have been committed or any one of its essential ingredients took place within the territorial jurisdiction of the court. **TERRITORIAL JURISDICTION** -- in criminal cases is the territory where the court has jurisdiction to take cognizance or to try the offense allegedly committed therein by the accused. Thus, it cannot take jurisdiction over a person charged with an offense allegedly committed outside of that limited territory. Furthermore, the jurisdiction of a court over the criminal case is determined by the allegations in the complaint or information. And once it is so shown, the court may validly take cognizance of the case. However, if the evidence adduced during the trial show that the offense was committed somewhere else, the court should dismiss the action for want of jurisdictions **WHERE SHOULD A CRIMINAL ACTION BE INSTITUTED** 1. The criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred, subject to existing laws 2. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be tried in the court of any municipality or territory such train, aircraft, or other vehicle passed dur}ng its trip, including the place of its departure and arrival. 3. Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall\] be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. 4. Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed. APPLICABILITY OF ARTICLE 2 OF THE REVISED PENAL CODE (RPC) The provisions of the RPC shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number 4. While being public officers or employees, they should commit an offense in the exercise of their functions 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. **XPN** 1. in the treaties 2. laws of preferential application **WHAT IS A TREATY** An agreement formally signed, ratified, or adhered to between two countries or sovereigns; an international agreement concluded between two or more states in written form and governed by international law. --- Also termed accord; convention; covenant; declaration; pact. An example of a law of preferential application is Republic Act No. 75 which penalizes acts that would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign diplomatic and consular agents in the Philippines. The provisions of the law is applicable only in cases where the country of the diplomatic or consular representative adversely affected has provided for similar protection to duly accredited diplomatic or consular representatives of the Republic of the Philippines by prescribing like or similar penalties for like or similar offenses contained in the law. **Section 16. Intervention of the offended party in criminal action**. --- *Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense. (16a)* **INTERVENTION OF OFFENDED PARTY** Where the CIVIL ACTION FOR RECOVERY OF CIVIL LIABILITY is instituted in the criminal action pursuant to Rule 111. the offended party may intervene by counsel in the prosecution of the offense. The offended party may also be a private individual whose person, right, house, liberty or property was actually or directly injured by the same punishable act or omission of the accused, or that corporate entity which is damaged or injured by the delictual acts complained of: **INTEREST OF THE OFFENDED PARTY** 1. Must have legal right to demand 2.. Must have substantial interest in the subject matter 3. The interest must not be mere expectancy, subordinate or inconsequential 4. Must be personal 5. Must not be based on the desire to vindicate the constitutional right of another party. \-\-- end of topic \-\-- **RULE 111\ [PROSECUTION OF CIVIL ACTION]** ***Section 1**. **Institution of criminal and civil actions**. --- (a) When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation. When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees thereof shall constitute a first lien on the judgment awarding such damages. Where the amount of damages, other than actual, is specified in the complaint or information, the party upon the filing thereof in court. Except as otherwise provided in these Rules, no filing fees shall be required for actual damages.* *No counterclaim, crossclaim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action. (1a)* a. *The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed. Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment. Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions. (cir. 57-97)* **INSTITUTION OF CRIMINAL AND\ CIVIL ACTIONS** **GENERAL RULE**: Every person criminally liable for a felony is also civilly liable.\'® When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be DEEMED INSTITUTED with the criminal action.\'®\' **XPN: WHEN THE OFFENDED PARTY:** 1. **WAIVES THE CIVIL ACTION** Waiver is any voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed; the voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with claiming it. 2. **RESERVES THE RIGHT TO INSTITUTE IT SEPARATELY** The reservation of the right to institute separately the civil action shall be MADE BEFORE THE PROSECUTION STARTS PRESENTING ITS EVIDENCE and under -circumstances affording the offended party a reasonable opportunity to make such reservation. 3. **INSTITUTES THE CIVIL ACTION PRIOR TO THE CRIMINAL ACTION** ***Section 2. When separate civil action is suspended**. --- After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action.* *Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly. During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled. (n) The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. (2a)* ***Section 3. When civil action may be proceeded independently**. --- In the cases provided for in [Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines], the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. (3a)* ***Section 4. Effect of death on civil actions**. --- The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising the delict. However, from the independent civil action instituted under section 3 of this Rule or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased. If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. (n)* ***Section 5. Judgment in civil action not a bar**. --- A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. (4a)* ***Section 6. Suspension by reason of prejudicial question**. --- A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. (6a)* ***Section 7. Elements of prejudicial question**. --- The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and* *(b) the resolution of such issue determines whether or not the criminal action may proceed. (5a)* **RULE 112\ [PRELIMINARY INVESTIGATION]** ***Section 1. Preliminary investigation defined**; **when required**. --- Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial. Except as provided in Section 6 of this Rule, a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine. (1a)* ***Section 2. Officers authorized to conduct preliminary investigations.** --- The following may conduct preliminary investigations: (a) Provincial or City Prosecutors and their assistants; (b) National and Regional State Prosecutors; and (c) Other officers as may be authorized by law. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. (2a)* ***Section 3. Procedure**. --- The preliminary investigation shall be conducted in the following manner:* *(a) The complaint shall state the address of the respondent and shall be accompanied by affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any* *prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.* *(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and document. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense. Objects as evidence need not be furnished a party but shall be made available for examination, copying or photographing at the expense of the requesting party.* *(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.* *(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.* *(e) The investigating officer may set a hearing if there are such facts and issues to be clarified from a party or a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating officer questions which may be asked to the party or witness concerned. The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. It shall be terminated within five (5) days.* *(f) Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial, (3a)* ***Section 4. Resolution of investigating prosecutor and its review.** --- If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint.* *Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.* *No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the Ombudsman or his deputy. Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. (4a)* ***Section 5. When warrant of arrest may issue**. --- (a[) By the Regional Trial Court]. --- Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order when the complaint or information was filed pursuant to section 6 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint or information.* *(b) [By the Municipal Trial Court]. --- When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court SHALL be conducted by the prosecutor. The procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section.* *(c) [When warrant of arrest not necessary]. --- A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section, or if the complaint or information was filed pursuant to section 6 of this Rule or is for an offense penalized by fine only. The court shall then proceed in the exercise of its original jurisdiction. (6a)* ***Section 6. When accused lawfully arrested without warrant**. --- When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or by a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception* *After the filing of the complaint or information in court without a preliminary investigation, the accused may within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)* ***Section 7.Records.** --- (a) [Records supporting the information or complaint]. --- An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.* *(b[) Record of preliminary investigation]. --- The record of the preliminary investigation conducted by a prosecutor **OR OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW** shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any of its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party. (8a)* ***Section 8. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure**. --- (a) If filed with the prosecutor. --- If the complaint is filed directly with the prosecutor involving an offense punishable by an imprisonment of less than four (4) years, two (2) months and one (1) day, the procedure outlined in section 3(a) of this Rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing.* *(b[) If filed with the Municipal Trial Court]. --- If the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the procedure in section 3(a) of this rule shall be observed. If within ten (10) days after the filing of the complaint of information, the judge finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the same. He may, however, require the submission of additional evidence, within ten (10) days from notice, to determine further the existence of probable cause.* *If the judge still finds no probable cause despite the additional evidence, he shall, within ten (10) days from its submission or expiration of said period, dismiss the case. When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest. (9a)* **RULE 113\ [ARREST]** ***Section 1. Definition of arrest**. --- Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (1)* ***Section 2. Arrest; how made**. --- An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention. (2a)* ***Section 3. Duty of arresting officer**. --- It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. (3a)* ***Section 4. Execution of warrant**. --- The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)* ***Section 5. Arrest without warrant; when lawful**. --- A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;* *(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and* *(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a)* ***Section 6. Time of making arrest**. --- An arrest may be made on any day and at any time of the day or night. (6)* ***Section 7. Method of arrest by officer by virtue of warrant**. --- When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (7a)* ***Section 8. Method of arrest by officer without warrant**. --- When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (8a)* ***Section 9. Method of arrest by private person**. --- When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest. (9a)* ***Section 10. Officer may summon assistance**. --- An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. (10a)* ***Section 11. Right of officer to break into building or enclosure**. --- An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (11a)* ***Section 12. Right to break out from building or enclosure.** --- Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself. (12a)* ***Section 13. Arrest after escape or rescue**. --- If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (13)* ***Section 14. Right of attorney or relative to visit person arrested**. --- Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right. (14a)*